Harris v. Scarcelli, No. 15-2189 (1st Cir. 2016)
Annotate this CaseRobert Harris sought to recover in federal bankruptcy court a real estate broker’s commission that he alleged he was owed by Rosa Scarcelli and Oak Knoll Associates, LP (together, Oak Knoll). The bankruptcy court granted Oak Knoll’s motion for summary judgment, concluding, as a matter of law, that Harris was not owed a commission. The First Circuit affirmed, holding that the bankruptcy court correctly granted summary judgment in favor of Oak Knoll, as (1) Harris’s proof of claim for his unpaid commission was unenforceable against Oak Knoll; and (2) Harris failed to identify a right that would entitle him to equitable relief.
The court issued a subsequent related opinion or order on September 13, 2016.
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